Privacy, Terms & Conditions
1. Information Collected.
Company may collect and store information about your visit to our Website. We do not intentionally collect information from users under 13 years of age. The types of information we may collect are:
* Name of the domain, or URL, from which the user accesses the Internet (e.g., “a company.com,” “a school.edu” or “an agency.gov”),
* Internet Protocol Number,
* Type of Web browser used,
* Date and time this Website is visited,
* The Internet address of the site from which you linked directly to our Website, if any,
* The type of Web browsing software and operating system you are using to view our Website,
* The pages you visit on our Website, and
* The amount of time spent on the Website.
A “cookie” is a piece of data saved to your hard drive which “remember” information from your last visit to our website. Some parts of our website may use “cookies.” The Company uses this information to provide certain features while using our Website. Please note that by deleting or rejecting a cookie, some of the features on the Website may not function properly.
2. How Information Collected is Used.
Information collected at our Website may be added to a database maintained by Company to customize your Website experience. It may be used to contact users of the Website for online surveys or other offers or information. We use IP addresses for analyzing trends, administering the website, and gathering demographic information. IP addresses are not linked to personally identifiable information. We may share your information with (1) third party financial institutions (such as Paypal) to process any purchases that you make on our Website, (2) advertisers linked to our Website in terms of aggregate information (such as number of hits) about traffic, and (3) our affiliates.
3. External Links.
The Website may contain links to other sites. The existence of such links do not constitute an endorsement of the linked site. Penny Sophisticate LLC, is not responsible for the content or privacy practices of such links.
4. Public Forums.
This Website may permit posts and have forum capabilities available to its users. Any information that you post or otherwise communicate in these areas is not to be considered confidential.
This Website employs physical, electronic and other security procedures to protect information on the Website including firewalls to protect the loss, misuse and alteration of the information under our control. Although Company will make reasonable efforts to prevent third parties from the unauthorized accessing of information on our Website, including encrypting sensitive information submitted and providing other security, unlawful interception may be possible. Company is not responsible for any such unauthorized or unlawful activities.
Users of our Website have the opportunity to opt-out of receiving communications from us and our affiliates. If you no longer wish to receive future communications or need to change or modify information previously provided please email us at email@example.com, or click “unsubscribe” at the bottom of the communications you receive from us.
By accessing or using TheSmithConnection.com (“Website”), you agree to be bound by the Terms forth below.
1. Use of the Website.
The information and services provided on this Website are for informational purposes only. You agree that you will NOT (1) use the Website for any illegal purpose (2) not use the Website in any manner which is by these Terms; (3) use the Website in any manner that could interrupt, damage or overburden it; (4) upload or transmit any defamatory, offensive, or obscene materials to the Website; or (5) interfere with, violate or infringe upon the rights of any other party or entity (including but not limited to their intellectual property rights). Any unauthorized use of this Website is prohibited.
2. Penny Sophisticate LLC’s Rights.
Penny Sophisticate LLC, reserves the right to edit materials posted or otherwise communicated to the Website; to remove any materials at its sole discretion; to terminate your access to any or all of the Website or its services at any time, without notice, for any reason whatsoever; to suspend or remove any portion or all of the Website; and to modify the Terms at any time without notice. Please check the Terms periodically for such modifications. Your continued access or use of the Website shall be deemed your acceptance of the modified Terms.
3. External Links.
Links to other websites are provided by Penny Sophisticate LLC, as a convenience to its users. Links to other websites do not imply an endorsement of the materials contained on those websites. Penny Sophisticate LLC, is not responsible for the privacy practices of content contained at any site linked to this Website.
4. Intellectual Property and Licenses.
You agree that you will not copy, republish, upload, post, create derivative works, transmit, or distribute, in any manner, the material you find on the Website, including text, images, logos, graphics, code and/or software. You may print and download portions of material from the Website for your own personal non-commercial use provided that you agree not to change or delete any copyright or proprietary notices on the materials. The materials on the website are protected by trade dress and international intellectual property law. The owner of the intellectual property (including but not limited to any copyrights and trademarks) are Penny Sophisticate LLC, its affiliates or other third party licensors. All rights are reserved to the respective owners. You agree to grant to Penny Sophisticate LLC, a non-exclusive, royalty-free, worldwide, perpetual license, for any postings or other information you communicate to the Website. You understand that anything that you post or otherwise communicate to Penny Sophisticate LLC or Website is not deemed confidential. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings or any other of your communications in any form, medium, or technology now known or hereafter developed. You agree that you waive any claims against Penny Sophisticate LLC, for any infringement or misappropriation of any proprietary right in your posts, emails or other communications to Penny Sophisticate LLC.
5. Linking to this Website.
PENNY SOPHISTICATE LLC, MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE INFORMATION ON THIS WEBSITE IS FREE FROM ERRORS OR UP TO DATE OR THAT THE SERVICES PROVIDED BY THIS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE WEBSITE IS FREE FROM VIRUSES. ALL MATERIALS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH A DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS WEBSITE OR ANY LINKED SITE.
WITH RESPECT TO GOODS OR SERVICES PURCHASED DIRECTLY FROM COMPANY THROUGH THE WEBSITE, THE COMPANY’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR THE REPAYMENT OR CREDITING TO YOU AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS, IF COMPANY SO CHOOSES.
You agree to indemnify, defend and hold harmless Penny Sophisticate LLC, its owners, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all claims, actions, causes of actions, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, resulting from the breach of these Terms or your use of this Website.
This Agreement shall all be governed and construed in accordance with the federal laws of the United States and the state laws of California. You agree that any legal action or proceeding between Penny Sophisticate LLC, and you shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Penny Sophisticate LLC’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Penny Sophisticate may assign its rights and duties under this Agreement to any party at any time without notice to you. If any portion of the Terms are deemed to be unenforceable by a court of law, the offending portion shall be deemed severable and same sill not affect the validity or enforceability of the remaining terms.